Terms of Use and Privacy Policy

Acceptance

  1. BY USING OR VISITING “VISITFORTCOLLINS.COM” (THE “SITE”) OR ANY SUBPAGE OR OWNED DOMAIN OF THE SITE, INCLUDING BUT NOT LIMITED TO THE “FORT COLLINS MARKETPLACE” AT FORTCOLLINSMARKETPLACE.COM (THE “MARKETPLACE”), YOU AGREE TO THE FOLLOWING TERMS OF USE AND PRIVACY POLICY (THE “TERMS”).
  2. Use of the Site or Marketplace indicates you (the “User” or “you”) have read and understood the Terms.
  3. Visit Fort Collins (the “Company”) reserves the right to modify or amend these Terms at the Company’s discretion. The Company may provide notice of such modifications, but notice is not required.
  4. Any notice, if provided, of the modification may be provided through the Site, the Company’s newsletter, or any other manner of communication determined by the Company to be effective to provide such notice.
  5. You are encouraged to review these Terms on a regular basis and you agree to be bound by any and all such modifications or amendments.
  6. These Terms are by and between you and the Company. No third-party has any rights or benefits intended, created, or conferred.

Disclosures

  1. The Company is providing a platform for certain businesses within the Fort Collins Growth Management Area, as defined from time to time by the City of Fort Collins, to sell their products, services and experiences.
  2. The Company receives a fee on all transactions occurring on the Marketplace.
  3. Under Federal Trade Commission Guidelines, the Marketplace is a retail store and not an affiliate of the businesses providing sales on this Site.
    1. This disclosure is being made out of an abundance of caution
    2. To the extent the Site is an affiliate as so defined, and is compensated for the clicking of links, furtherances of sales, or such other affiliate relationships, you are hereby placed on notice of such relationship.
  4. If this is upsetting or problematic, please contact the businesses directly to purchase instead of the Marketplace.

Service

  1. This Site, namely the Marketplace, is a location to purchase products, services, and experiences from Fort Collins based businesses (the “Venders”).
  2. The Marketplace has listings of products, services, and experiences which may change without notice at the discretion of the offering business.
  3. The services and opportunities provided through the Site shall be determined at the discretion of the Company and may change from time to time.
  4. Payments shall be made through a third-party service and all information necessary for such purchase shall be governed by that service’s terms of use and privacy policy.
  5. The Marketplace has no control over the offering purchased, including complaints, replacements, refunds, reviews, or other communications regarding any product, service, or experience listed by an offering business on the Marketplace.
  6. Such complaints, replacements, refunds, reviews, or other communications shall be directed and addressed with the Vender directly.

Prohibited Actions

  1. The Site operates on the principles of elevating and amplifying the marketing reach and budget of the Venders and to enable Users of the site to Visit Fort Collins.
  2. The Site also focuses on providing the truth of the situation, with a focus on providing the unvarnished, best of the City of Fort Collins.
  3. As such, certain actions by Users and businesses are prohibited, including but not limited to:
    1. Creating accounts or otherwise submitting reviews with the purpose of artificially providing positive or negative reviews to improve or restrict sales of one or more participating businesses.
    2. Personally attacking employees or owners of participating businesses, including the Company.
    3. Uploading malicious code to the Site.
    4. Spoofing the site to falsify purchases or to use the Site to commit theft.
    5. Acting in a manner detrimental to the community of Fort Collins or the Site in a continued or on-going manner.
    6. False complaints against the Site or the participating, where the complaints are found to have no basis in fact after review by the Company and in the Company’s discretion.
  4. Other behaviors similar in nature to those listed in this section will be categorized and treated as if they were so listed.
  5. The Company may update this specific list of prohibited actions at any time within their discretion.
  6. Such prohibited actions may result in actions being taken against the User performing such actions, including but not limited to blocking the IP address of the User, removing prohibited accounts or uploads, or taking legal action, if appropriate.

Privacy Policy

  1. The Company respects your privacy and will collect and process personal data in compliance with applicable legal requirements at all times.
  2. The Company will never rent or sell your personal data for marketing or other purposes.
  3. This Privacy Policy outlines the nature, purpose, use and sharing of any Personally Identifiable Information (“PII”) collected via the Site, Marketplace, or any other data collection function. PII may include: your name, email, mailing and/or home address, phone numbers, or other information that identifies you personally, as well as the same type of information that refers to another person, such as someone on whose behalf the purchase is being made or to whom the delivery is to be sent.
  4. Any other data that is not statutorily PII may be protected to the extent PII is protected, however under no circumstances shall the definition of PII in these Terms be read to be more expansive than provided by established law.
  5. Generally, PII is collected by voluntary submission by a User. By doing so, you are giving the Company permission to use the information for the purpose requested by the Company at the time of collection. Your decision not to provide certain information may result in the Company being unable to provide the service(s) desired by the User.
  6. If you voluntarily provide PII, through any mechanism, to the Company; the Company will use that information to help provide the information or service you have requested or to respond to you. The information the Company may receive varies based on what you do when visiting the Site.
  7. When PII is requested, the reasons for collecting it and a description of the intended use of the information may be provided.
  8. Should you provide your email address, the Company will send you the Company’s newsletter based upon your subscription preferences for such mailings and you may opt out of the newsletter at any time.
  9. Email is not necessarily secure and it is suggested you do not send sensitive PII such as bank account, credit card information, or other similar data to the Company by email.
  10. The Company automatically collects information about each visit for Site management and security purposes only. Such information helps keep the Site up to date. Such information may include: (i) the internet domain from which you access the website, (ii) the internet protocol address from which you access the website, (iii) the type of browser used, (iv) the operating system used to access the website, (v) the date and time of access, (vi) the universal resource locator (“URL”) or address of the pages visited, (vii) log in information such as username, and (viii) the URL of any forwarding site.
  11. The automatically collected information is provided for our web development team for ongoing monitoring, maintenance, and repairs, along with such other Site development matters.
  12. Information that is not PII or anonymized collections of PII may be provided to third parties to develop advertising or sponsorship relationships or other business development strategies.
  13. PII shall be used to ensure payment, delivery, and the normal operations of the Site and Marketplace, including monitoring to prevent fraud.
  14. Certain PII, such as name, address, contact information, and any other necessary data for the completion of delivery or provision of the products, services, and experiences on the Marketplace shall be disclosed to the relevant Vender.
  15. Should you provide a complaint through the Site about the performance by a Vender, such complaint and the relevant contact information will be provided to such Vender.
  16. Such Vender may ask you for your email address for their marketing purposes, but the Company shall not provide your email for those purposes.
  17. The use of social media websites, Vender websites, and other third-party websites by you or the Company must comply with the privacy policies of such social media websites and third- party websites. As such, more data may be collected based on plug-ins or application uses on the Company website of such social media websites and third-party websites.
    1. Any PII collected is secured to the best available standards reasonable for the Company behind protections such as firewalls, secure socket layer, encryption, password protections, and other reasonable precautions.
    2. Should the Company be hacked and your PII be stolen, the Company, pursuant to conscience, as generally outlined in these Terms, and the requirements of law, will notify you as soon as possible.
  18. For the purposes of and within the meaning of the European General Data Protection Regulation (“GDPR”), you retain and own your own data, including:
    1. The ability to create, edit, and delete your data at any time by request,
    2. The ability to archive data to be stored by the company for up to one year,
    3. Or to permanently delete your account for any reason at any point, such terminate deletion will not be recoverable.
  19. As the Company primarily does business within the United States, and does not seek sales in the European Union, and for the purposes of performing under the GDPR, please contact the Company with “Data Controller” or “Data Protection” in the subject.

Copyrights

  1. The Site, including but not limited to all code, descriptions, and images, unless otherwise indicated, is owned by the Company, all rights reserved.
  2. Any descriptions or images provided for display on the Marketplace by a Vender shall be owned fully by the Vender, all rights reserved.
  3. You shall not copy, download, repost, or otherwise retransmit such code or images without express consent of the Company or Vender.
  4. Should you copy, download, repost, or otherwise retransmit such images, you may be in violation of the Copyright Act, 17 U.S.C. § 101 et. sec. and the Company may elect to pursue any and all legal remedies associated with the Copyright violation.
  5. To the extent the Company creates any additional content on the Site or Marketplace, the Company affirmatively states that all rights are reserved.
  6. To the extent you create comments, art, or other copyrightable materials, the Company explicitly disclaims any right and ownership to such comments, art, or other copyrightable materials with the exception that the Company has and retains the right to remove such comments, art, or other copyrightable material if it does not comport with the Conduct provisions of these Terms.
  7. To the extent you create comments or other copyrightable materials, you give a free non-exclusive license to the Company for the purpose of using such comments or other copyrightable material for social media websites, blogs, or other marketing materials.
  8. Prior to use of such comments or other copyrightable material, the Company may attempt to notify you through the provided email address, if you have an account.
  9. To the extent your comments are helpful for business development, such comments may be used by the Company for such purposes as are claimed in these Terms.

Digital Millennium Copyright Act Takedowns

  1. Anyone with appropriate standing may submit a takedown notice under the Digital Millennium Copyright Act (the “DMCA”) provisions.
  2. The takedown notice must include the individual or entities name requesting a takedown and the registration number, and such other information as may be requested from time to time by the Company.
  3. The Company may perform due diligence, including reviewing any included copyright registrations with the Library of Congress and if such review indicates the individual or entity has a right to have the matter taken down under the DMCA, the Company will promptly take down the identified and offending content.
  4. All takedowns shall be done in accordance with the timelines, level of proof, and all other requirements of the DMCA.
  5. If sufficient evidence cannot be determined by an independent investigation, the Company may temporarily takedown the offending content and request additional information from all parties involved.
  6. Should the content be taken down and a challenge to the takedown authority be provided, the content may be reinstated within a reasonable time.

Trademarks

  1. The Company affirmatively states and owns the name of the Site, the name of the Marketplace, the logo of the Company, the logo of the Site, the logo of the Marketplace and all other trademarks of the Company used on the Site and Marketplace. All rights reserved.
  2. The Company has displayed the trademarks of the Venders with the Venders permission. All other rights reserved by the Vender.
  3. You shall not copy, download, repost, or otherwise retransmit such trademarks without the express consent of the Company or Vender.
  4. Should you copy, download, repost, or otherwise retransmit such trademarks, you may be in violation of the Lanham Act, 15 U.S.C. § 1051 et. sec. and the Company may elect to pursue any and all legal remedies associated with the Copyright violation.

General

  1. Age: You state that you are over the age of 18 and able to be legally bound by contract or are acting on behalf of someone younger, such as a child.
  2. Assignment: This Agreement cannot be assigned, except for any successors to the Company.
  3. Choice of Venue: To the extent litigation arises from these terms, you agree all such litigation will take place in the Federal District of Colorado or the State courts of Colorado located in Larimer County, Colorado.
  4. Alternative Dispute Resolution: The Parties agree to mediate any and all claims under these Terms or arising out of the use of the Site and the Parties agree that if one party fails to mediate any claim and instead proceed directly to litigation, the appropriate remedy is a dismissal of the action.
  5. Choice of Law: These Terms shall be interpreted according to the laws of the State of Colorado and the laws of the United States of America.
  6. Attorney’s fees: A prevailing party on any issue arising out of these Terms shall be entitled to Attorney’s Fees.
  7. Waiver: A waiver of any right or duty outlined in these Terms based upon circumstances is a waiver of an individual instance of such right or duty. Such a waiver is not a waiver for all time of the right or duty.
  8. Severability: Should any provision be found by any Court to be illegal or ineffective as a matter of law, such provision shall be struck immediately and be given no weight or effect.